What happens if witness denies? tough question

Dear Saurabh Gupta, there is no ready answer to your query. It all depends on your art of examining the witness to extract from the mouth of the witness in bringing  out the hidden truth in his heart and mind. I can only suggest that you consult some senior advocates, who have  mastered the  art  of examining witnesses. A good examiner can always bring out the inner truth from the witness. All the best.

 My understanding of the role of a witness tot he will is limited only tot he extent of signature. 

Witness signs on the will implies that whether the signature on the will is that of the testator and whether the testatos signs before the witness or not. Witness has no role to state the circumstances under which the testator signs the will.

However,  his statement may be useful as to the circumstances, not as witness to the will but as witness to the circumstances surrounding the will. 

Yes Murali Krishna is right . The witness has to vouch that the testator signed in his presence. It is, however, already stated by a witness on the Will. It makes the task of cross examiner easy. 

The Will can be proved by calling any of two witnesses. Even if the second witness says that the testator put his hands on the document in his presence, it shall suffice.

 My dear friend there is very limited scope of the witness in the matter of will, but there are many ways to take out the truth out of the mouth of witness such as signature may be matched!

our mastero members has advised exactly. if one witness say yes , other say no. will not be a false evidence before court of law?

If it is a witness called by you first n foremost you will loose the right to cross examine him. After his denial straight away prefer an application for calling report of handwriting expert. Seek directions from the court to direct the witness to produce documents signed by him around the period of time when the will was executed. Later on in the re cross examine him thoroughly bringing out by suggestions the reasons why he has changed his stance. Examine the other witness to the will thoroughly.

WHERE THERE IS A WILL THERE IS A WAY.

A witness to a will can prove the execution of it, the parties in it etc.

problems thus resolved.MARKSANGELO---there is no escape without confrontation.

hi friend refer section 68, 69 and 71 of Indian Evidence Act 1872 if not i will guide u further if u r in need to that extent

Mr. Saurabh,

By your quiry, dumb witnesses to be verified. The deaf and dumb persons are competent witnesses.

The persons 'unable to speak' also includes the witnesses who have taken a vow of silence.

While recording the evidence, there must be a record of signs and not the interpretation of signs.

If a deaf and dumb witness gives his replies in writing it is valid.

The person of dumb witness need not be dumb since his birth. He may get dumbness at any age due to any reason.

 I just don't understand the query. What is the role of the witness? He simply affixes his signature to the fact that the testator has made the will in his presence and that he was of sound mind at the time and possessed all his faculties and that there was no extenuating circumstances that forced him to make the will. He can't backout from his signature. That is the job of the fingerprint expert. Can he deny that he put his signature? What else is expected?